PREVENTION OF INSULTS TO NATIONAL HONOUR ACT, 1971 THE PREVENTION OF INSULTS TO NATIONAL
HONOUR ACT, 1971 [Act, No. 69 of 1971] [23rd December, 1971] An Act to prevent Insults to National
Honour Be it enacted by Parliament in the Twenty-second
Year of the Republic of India as follows : (1) This Act may be called the Prevention of Insults to
National Honour Act, 1971. (2) It extends to the whole of India. Whoever in any public place or in any other place
within public view burns, mutilates, defaces, difiles, disfigures, destroys,
tramples upon or[1] [otherwise shows
disrespect to or brings] into contempt (whether by words, either spoken or
written, or by acts) the Indian National Flag or the Constitution of India or
any part thereof, shall be punished with imprisonment for a term which may
extend to three years, or with fine, or with both. Explanation 1.--Comments expressing disapprobation
or criticism of the Constitution or of the Indian National Flag or of any
measures of the Government with a view to obtain an amendment of the
Constitution of India or an alteration of the Indian National Flag by lawful
means do not constitute an offence under this section. Exploitation 2.--The expression "Indian
National Flag" includes any picture, painting, drawing or photograph, or
other visible representation of the Indian National Flag, or of any part or
parts thereof, made of any substance or represented on any substance. Explanation 3.--The expression "public
place" means any place Insti?tuted for use by, or accessible to, the
public and Includes any public conveyance. [2] [Explanation 4.--The disrespect to the Indian
National Flag means and includes-- (a) a gross affront or indignity offered to the Indian
National Flag; or (b) dipping the Indian National Flag in salute to any
person or thing; or (c) flying the Indian National Flag at half-mast except
on occasions on which the Indian National Flag is flown at half-mast on public
buildings in accordance with the instructions issued by the Government; or (d) using the Indian National Flag as a drapery in any
form whatsoever except in State funerals or armed forces or other para-military
forces funerals; or
Preamble 1 - PREVENTION OF INSULTS TO
NATIONAL HONOUR ACT, 1971PREAMBLE
(i) as a portion of costume, uniform or accessory of
any description which is worn below the waist of any person; or
(ii) by embroidering or printing it on cushions,
handkerchiefs, napkins, undergarments or any dress material; or.]
(f) ???putting
any kind of inscription upon the Indian National Flag; or
(g) ??using
the Indian National Flag as a receptacle for receiving, delivering or carrying
anything except flower petals before the Indian National Flag is unfurled as
part of celebrations on special occasions including the Republic Day or the
Independence day; or
(h) ??using
the Indian National Flag as covering for a statute or a monument or a speaker's
desk or a speaker's platform; or
(i) ???allowing
the Indian National Flag to touch the ground or the floor or trail in water
intentionally; or
(j) ???draping
the Indian National Flag over the hood, top and sides or back or on a vehicle,
train, boat or an aircraft or any other similar object; or
(k) ???using
the Indian National Flag as a covering for a building; or
(l) ????intentionally
displaying the Indian National Flag with the "saffron'' down.]
Section 3 - Prevention of singing of Indian National Anthem, etc
Who?ever Intentionally prevents the singing of the
Indian National Anthem or causes disturbance to any assembly engaged In such
singing shall be punished with imprisonment for a term which may extend to
three years, or with fine, or with both.
Section 3A - Enhanced penalty on second and subsequent convictions
[4] [3A. Enhanced penalty on second and subsequent
convictions
Whoever,having already been convicted
of an offence under section 2 or section 3, is again convicted of any such
offence shall be punishable for the second and for every subsequent offence,
with imprisonment for a term which shall not be less than one year.]
Amending Act 1 - PREVENTION OF INSULTS
TO NATIONAL HONOUR (AMENDMENT) ACT, 2003
THE PREVENTION OF INSULTS TO NATIONAL
HONOUR (AMENDMENT) ACT, 2003
[Act No. 31 of 2003]
[8th May, 2003.]
PREAMBLE
An Act to amend the Prevention of
Insults to National Honour Act, 1971.
Be it enacted by Parliament in the Fifty-fourth
Year of the Republic of India as follows:--
1. Short title.--
This Act may be called the
Prevention of Insults to National Honour (Amendment) Act, 2003.
2. Amendment of section 2.--
In section 2 of
the Prevention of Insults to National Honour Act, 1971 (69 of 1971)
(hereinafter referred to as the principal Act),--
(a) for the words'' otherwise brings", the words''
otherwise shows disrespect to or brings" shall be substituted;
(b) after Explanation 3, the following Explanation
shall be inserted, namely:--
'Explanation 4.--The disrespect to the Indian
National Flag means and includes--
(a) a gross affront or indignity offered to the Indian
National Flag; or
(b)
dipping
the Indian National Flag in salute to any person or thing; or
(c)
flying
the Indian National Flag at half-mast except on occasions on which the Indian
National Flag is flown at half-mast on public buildings in accordance with the
instructions issued by the Government; or
(d) using the Indian National Flag as a drapery in any
form whatsoever except in State funerals or armed forces or other para-military
forces funerals; or
(e)
using
the Indian National Flag as a portion of costume or uniform of any description
or embroidering or printing it on cushions, handkerchiefs, napkins or any dress
material; or
(f)
putting
any kind of inscription upon the Indian National Flag; or
(g)
using
the Indian National Flag as a receptacle for receiving, delivering or carrying
anything except flower petals before the Indian National Flag is unfurled as
part of celebrations on special occasions including the Republic Day or the
Independence day; or
(h)
using
the Indian National Flag as covering for a statute or a monument or a speaker's
desk or a speaker's platform; or
(i)
allowing
the Indian National Flag to touch the ground or the floor or trail in water
intentionally; or
(j)
draping
the Indian National Flag over the hood, top and sides or back or on a vehicle,
train, boat or an aircraft or any other similar object; or
(k)
using
the Indian National Flag as a covering for a building; or
(l) intentionally displaying the Indian National Flag
with the "saffron'' down.'.
3. Insertion of new section 3A.--
After section 3 of
the principal Act, the following section shall be inserted, namely:--
"3A. Enhanced penalty on second an subsequent
convictions.--
Whoever, having already been convicted of an
offence under section 2 or section 3, is again convicted of any such offence
shall be punishable for the second and for every subsequent offence, with
imprisonment for a term which shall not be less than one year.''.
[1] Substituted for words "otherwise
brings" by The Prevention of Insults to National Honour (Amendment) Act,
2003 (31 of 2003).
[2] Inserted by The Prevention of Insults
to National Honour (Amendment) Act, 2003 (31 of 2003).
[3] Substituted by Prevention of Insults to
National Honour (Amendment) Act, 2005 (51of 2005) for the following words:-
"(e) using the Indian National Flag as a
portion of costume or uniform of any description or embroidering or printing it
on cushions, handkerchiefs, napkins or any dress material; or"
[4] Inserted by The Prevention of Insults
to National Honour (Amendment) Act, 2003(31 of 2003).